FOR GENERAL TOWING, SHIP ASSIST & ESCORT TOWING /// COLUMBIA, WILLAMETTE & SNAKE RIVERS

As of: January 1, 2026

1. APPLICABILITY: These STANDARD TERMS AND CONDITIONS apply to all ship assist towing, escort towing and general towing on the Columbia, Willamette & Snake Rivers for which no other express written contract signed by Shaver Transportation Company (“Shaver”) exists.  By ordering or requesting Shaver’s services, the vessel requesting assistance or towing and its owners, charterers  and operators (collectively “customer”)  agree to all the terms and conditions contained herein.  Updates to these STANDARD TERMS AND CONDITIONS may be made from time to time, in Shaver’s sole discretion, by posting updates to www.shavertransportation.com. Acceptance of any of the services provided by Shaver constitutes acceptance of the STANDARD TERMS AND CONDITIONS posted on Shaver’s website at the time such services are ordered. None of these STANDARD TERMS AND CONDITIONS may be modified unless agreed to in writing by Shaver Transportation. 
2. AVAILABILITY: Shaver’s objective is to have tugs and personnel available at all times to cover customer requirements. However, experience has shown that on occasion, demand outstrips supply. As a result, Shaver cannot guarantee that it can meet all customer requirements 100% of the time. Shaver reserves the right to substitute tugs or higher horsepower at no additional charge when tugs of lesser horsepower are ordered and not available. 
3. RATE SCHEDULE: Rates, prices and expenses for any services performed by Shaver are contained in Shaver’s standard RATE SCHEDULE as acknowledged by customer as of the time services are ordered. 
4. PAYMENT TERMS: Payment is due within thirty (30) calendar days from the date of invoice.  Any invoice over thirty (30) days past due is delinquent and will be charged a three percent (3%) per month finance charge on the total unpaid balance from invoice date.  However, if in Shaver’s opinion, the collection of payment on an invoice may be be jeopardized, and upon notice to customer, payment is due immediately.  If a delinquent account is placed in the hands of any attorney for collection, Shaver’s legal fees and related expenses (i.e., U.S. Marshal’s fees, sheriff’s fees, filing fees, etc.) will be included in and become part of the delinquent account balance, and become payable in full to Shaver regardless of whether litigation is commenced.  If it becomes necessary for Shaver to file suit to collect a delinquent account, Shaver is entitled to recover from the customer its reasonable attorneys’ fees and costs.
5. CALL OUT SERVICE: These STANDARD TERMS AND CONDITIONS apply to all services requested on a call out basis through Shaver’s dispatch offices and are deemed incorporated into any agreement of the parties for call out service.  Call out services rates may be specifically agreed at time of request, subject to written confirmation (which may be Shaver’s invoice).  Absent such agreement, service rates will be subject to Shaver’s standard RATE SCHEDULE, available on request.  These STANDARD TERMS AND CONDITIONS may not be modified through Shaver’s dispatch office.
6. SUBCONTRACT: Shaver may subcontract to others all or part of any service requested  without notice to customer, and customer agrees that any such subcontractor will have the benefit of all defenses, exemptions, and limitations of liability provided to Shaver under these STANDARD TERMS AND CONDITIONS. In performing any such subcontract, the subcontractor will be considered an independent contractor and not the agent, servant or employee of Shaver.
7. SCHEDULING: Scheduled times for tugs are approximate and not guaranteed. Shaver will use reasonable diligence to provide tug service at the time scheduled with the customer. However, Shaver has no liability for delay. In the event the customer’s vessel arrives prior or subsequent to the time scheduled, Shaver will use reasonable diligence to provide tug service at the time of arrival, but Shaver has no liability for any delay in rendering any service.
8. RESPONSIBILITY – APPLICABLE TO ASSIST AND ESCORT SERVICE: For all assist and escort services provided by Shaver, the customer must employ a master or a regular licensed pilot who will be in charge of the vessel and who must give all orders to the tugs supplied. The masters and crews of any assist and escort tugs will, in the performance of such service, be and become the servants of the vessel or craft being assisted or escorted. Shaver, the tugs or vessels used in the service, their owners, charterers, operators and affiliated companies, and the employees, directors, officers, owners and agents of any of them (collectively, “Shaver Group”) will not be liable for any loss or damage of any nature whatsoever arising out of or occurring while such service is being rendered, or incident thereto, so long as said tugs follow and carry out properly and in a timely fashion the orders and directions of the master of pilot of the vessel or craft to which service is being rendered. The vessel or craft to which service is being rendered and customer must indemnify Shaver Group with respect to any damage sustained by the tug or tugs while following and carrying out the orders and directions of the master or pilot of the assisted vessel,  and must hold harmless Shaver Group from any claims, demands, actions, suits or sums paid on account of any damages sustained by third parties (including but not limited to personal injury or loss of life of any person) as well as personal injury or loss of life of any member or crew of the tug or tugs.   
9. HAWSERS – APPLICABLE TO ASSIST AND ESCORT SERVICE: For assist and escort service, the customer assumes all risk of any loss or damage sustained by it and  by any other vessels, property or persons resulting from the parting of any hawsers or other lines, by whomsoever furnished, and whether the parting was due to insufficiency, negligence, wear or other cause.
10. WARRANTY: With respect to vessels that are not owned by the person or company ordering services or by the person or company who has contracted with Shaver for the tug service, it is understood and agreed that each such person or company warrants that it has authority to bind the customer to all the provisions of these STANDARD TERMS AND CONDITIONS and agrees to indemnify and hold harmless Shaver Group from all damage and expenses that may be sustained or incurred as a result of such person or company not having such authority.
11. DISCLAIMER OF WARRANTY OF WORKMANLIKE SERVICE: Neither Shaver nor Shaver Group expressly or impliedly warrant that workmanlike service will be performed and such warranty is expressly excluded.  The liability of Shaver Group is limited to that which those parties would be legally liable for in the absence of any warranty of workmanlike service.
12. NOTICE OF DAMAGE: The customer must give notice to Shaver of any alleged damage or injury allegedly caused by Shaver’s services within a reasonable time (not to exceed 24 hours) after the occurrence.  If the customer intends to pursue a claim against Shaver Group or any of its members it must provide written notice of such intention to Shaver within thirty days of the occurrence.  In the absence of these notices, neither the Shaver Group nor any of its members will have any liability for any claim arising out of such occurrence, and no suit may be maintained against Shaver Group or any of its members for damage or injury suffered as a result of the occurrence. In addition to the required notice, neither the Shaver Group nor any of its member will have any liability for any such claim an no suit may be maintained on account of any such damage or injury unless Shaver is given reasonable opportunity to inspect and survey the damage prior to the commencement of any repairs.
13. LIMITATION OF LIABILITY: THE FURNISHING OF ANY SERVICE, OR ANYTHING DONE IN CONNECTION THEREWITH, SHALL NOT BE CONSTRUED TO BE, OR GIVE RISE TO, A PERSONAL CONTRACT.  CUSTOMER AGREES THAT SHAVER GROUP AND ALL OF ITS MEMBERS SHALL HAVE THE BENEFIT OF ALL EXCEPTIONS FROM, AND LIMITATIONS OF, LIABILITY TO WHICH AN OWNER OF A VESSEL IS ENTITLED UNDER ANY LIMITATION OF LIABILITY STATUTES OF THE UNITED STATES, INCLUDING, BUT NOT LIMITED TO LIMITATIONS OR IMMUNITY FROM LIABILITY UNDER THE OIL POLLUTION ACT OF 1990 (“OPA” 90”), ANY APPLICABLE STATE LAW, AND UNDER THESE STANDARD TERMS AND CONDITIONS.  UNLESS ENTITLED TO IMMUNITY AS A RESPONDER OR OTHERWISE UNDER OPA 90 OR APPLICABLE STATE LAWS AND SUBJECT TO DEFENSES TO, EXEMPTIONS FROM AND LIMITATIONS OF LIABILITY PROVIDED HEREIN, SHAVER GROUP  COLLECTIVELY WILL BE LIABLE TO THE EXTENT REQUIRED BY LAW ONLY UP TO A MAXIMUM AGGREGATE LIABILITY LIMIT OF U.S. $250,000 FOR ALL DAMAGE, LOSSES, CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO A SINGLE OCCURRENCE, OR A CONNECTED SERIES OF OCCURRENCES, IN CONNECTION WITH ANY SERVICE RENDERED BY SHAVER GROUP PURSUANT TO THESE STANDARD TERMS AND CONDITIONS. CUSTOMER UNDERSTANDS AND AGREES THAT SHAVER’S RATES FOR TUG SERVICE ARE PREDICATED UPON THE LIMITATIONS OF LIABILITY AND INDEMNITIES IN THESE STANDARD TERMS AND CONDITIONS AND THAT THIS CLAUSE WILL NOT BE LIMITED, RESTRICTED OR IN ANY WAY AFFECTED BY THE AMOUNT OF INSURANCE THE SHAVER GROUP CARRIES.
14. INDEMNITY: ALL CLAIMS, DAMAGE, LOSSES, DEMANDS, CAUSES OF ACTION, LIABILITIES AND COSTS (INCLUDING ATTORNEY’S FEES) EXCEEDING $250,000 THAT ARE ATTRIBUTABLE TO THE ACTS OR OMISSIONS (WHETHER NEGLIGENT OR OTHERWISE) OF ANY MEMBER OF THE SHAVER GROUP, OR TO A TUG’S UNSEAWORTHINESS, AND WHICH ARISE OUT OF, OR RELATE TO A SINGLE OCCURRENCE, OR A CONNECTED SERIES OF OCCURRENCES, IN CONNECTION WITH ANY SERVICE RENDERED BY ANY MEMBER OF SHAVER GROUP PURSUANT TO THESE STANDARD TERMS AND CONDITIONS IS SUBJECT TO THE FOLLOWING INDEMNITY:  CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHAVER GROUP AND ALL OF ITS MEMBERS FROM ALL CLAIMS, DAMAGES, LOSSES, DEMANDS, CAUSES OF ACTION, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) OF EVERY TYPE AND CHARACTER, WHETHER IN REM OR IN PERSONAM, WHICH ARE ASSERTED AGAINST THEM BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, CUSTOMER’S EMPLOYEES) FOR PERSONAL INJURY, ILLNESS OR DEATH, OR FOR LOSS OR DAMAGE TO PROPERTY OF ANY KIND OR TYPE, AS WELL AS OIL POLLUTION OR THE SPILL OF ANY HAZARDOUS SUBSTANCE.  THE PARTIES INTEND FOR THIS INDEMNITY AND HOLD HARMLESS TO APPLY TO ALL INCIDENTS OF WHATSOEVER NATURE, INCLUDING LOSS OR DAMAGE TO THE VESSELS TOWED OR ASSISTED.
15. NO CONSEQUENTIAL DAMAGES: NEITHER THE SHAVER GROUP NOR ANY OF ITS MEMBERS WILL IN ANY EVENT BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION EXTRA EXPENSE, LOSS OF PROFITS, LOSS OF USE OF PROPERTY, DELAY OR DAMAGES CONSEQUENTIAL UPON LOSS OF USE, WHETHER RESULTING FROM NEGLIGENCE OR BREACH OF THIS CONTRACT BY ANY MEMBER OF SHAVER GROUP AND EVEN IF THE POSSIBILITY OF SUCH DAMAGE IS OR WAS FORESEEABLE BY SHAVER GROUP OR ANY OF ITS MEMBERS.